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IMPACT – MEDIUM
What is the change? Israel has increased its minimum prevailing wage for foreign experts to 19,086 shekels (about US$4,970) gross per month (up from 18,668 shekels) for 2017.
What does the change mean? The increase affects B-1 foreign experts, but does not affect foreign workers on short-term authorization (SEA) permits or STEP visas.
Background: The Israeli government announced the annual increase to the average salary Monday. Foreign nationals on one-year B-1 work visas must earn at least the prevailing wage, which is double the average salary. Foreign nationals working in Israel under SEA permits or STEP visas are covered under different wage levels announced last week.
BAL Analysis: Companies are required to meet the new 2017 prevailing wages for B-1 foreign experts immediately and should identify affected employees and adjust salaries accordingly.
This alert has been provided by the BAL Global Practice group and our network provider located in Israel. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? China has begun issuing 10-year, multiple-entry visas to Israeli nationals traveling to China for business, tourism or to visit family.
What does the change mean? Israeli nationals may now apply for the visas. The maximum allowable duration of stay will depend on the type of visa the applicant obtains. China and Israel agreed to provide 10-year visas to travelers from each other’s countries earlier this year, and Israel recently began issuing 10-year visas to Chinese travelers as well.
Background: China and Israel signed the agreement providing for the longer-validity visas in March. Document requirements for the visas listed above have not changed with the longer validity. The visas are valid for up to 10 years, but not longer than the visa holder’s passport. The visas cannot be transferred to new passports.
BAL Analysis: The 10-year, multiple-entry visas will ease travel for Israeli nationals making frequent business trips to China, as they will be able to avoid having to reapply for visas upon each entry. The allowable duration of stay will vary depending on the type of visa the applicant obtains, with the Chinese Embassy in Israel reserving the right to make final interpretations of the agreement.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Israel has eased documentary requirements for foreign nationals applying for short-term employment authorization (SEA) permits that allow work of up to 45 days for visa-waived nationals.
What does the change mean? SEA applicants no longer need to notarize their educational diplomas or certificates, but those that are not in English must be translated into Hebrew.
Background: SEA B/1 work visas of a 45-day duration were introduced in 2015 and after a successful one-year pilot, became permanent in August. They allow visa-waived foreign nationals to conduct short-term work in Israel not to exceed 45 days per year.
BAL Analysis: The eased document requirements should further expedite overall time frames for SEA work visa applications. Employers and foreign nationals should also note that the Israeli authorities have recently clarified that all productive work, such as installation, inspections, hands-on work, managing others, supervising or consulting or providing active guidance, requires the SEA visa before entry. Visa-required nationals performing work activities must apply for a regular work visa. Individuals performing any productive work activities should not rely on business visas or visa-waived status. To avoid any doubt about appropriate activities, clients should contact their BAL representative.
What is the change? The Israeli government issued a directive this week stating that legally married same-sex couples will have the same immigration and naturalization rights as other married couples in Israel.
What does the change mean? Married same-sex couples will have the same rights for immigration purposes as all other married couples. Previously, married same-sex couples had been treated as unmarried couples, meaning they were entitled to residency if they met other qualifying criteria, but not citizenship.
Background: While same-sex marriages cannot be performed in Israel, the government will now recognize foreign same-sex marriages the same way it recognizes other foreign marriages. Foreign same-sex spouses who are married to an Israeli citizen will be able to become legal residents after six months and Israeli citizens after 4 ½ years. In order to be eligible for citizenship, the spouse must show that the couple’s “center of life” is in Israel, that the relationship is sincere, and must live in the same household as the Israeli partner.
BAL Analysis: The new regulations will benefit married foreign same-sex partners living in or relocating to Israel, as they now have the same rights as married opposite-sex partners.
What is the change? Israel has implemented a mutual agreement with China to issue 10-year multiple-entry visitor visas.
What does the change mean? Chinese nationals may now apply for the visas, which allow stays of up to 90 days per visit (no more than 180 days per year). The visa will be valid for up to 10 years but will expire six months before expiration of the traveler’s passport and cannot be transferred to a new passport. Work is prohibited and unauthorized work constitutes a criminal offense.
Background: China and Israel signed the agreement providing for the longer-validity visas in March. Among the supporting documents, the following will be required:
The Israeli consulate also reserves the right to request an interview with the applicant or seek additional documents.
BAL Analysis: The 10-year multiple-entry visas will ease travel for Chinese citizens making frequent business trips to Israel, as they will be able to avoid having to reapply for visas upon each entry.
IMPACT – HIGH
What is the change? Contrary to recent media reports, Israel’s business visitor and work permit rules remain unchanged. Business visitors conducting limited activities, such as attending meetings, may travel to Israel on a visitor visa. Productive work activities require a work visa before entry, and short-term (less than 45 days) work authorization is available for visa-exempt nationals.
What does the change mean? Travelers should make sure their activities comply with their visa type. Business visitors in particular should be sure that their activities are limited to permitted nonproductive activities.
Background: Media reports in Israel have misleadingly stated that work visas are now required for all business visitors.
In fact, the existing regulations have not changed and allow or require the following:
BAL Analysis: Employers and business travelers are encouraged to contact their BAL professional before traveling to Israel to confirm they are in compliance with the type of visa and its terms and conditions.
What is the change? Israel announced that it will implement an agreement allowing Chinese business and tourist visitors to apply for 10-year multiple-entry visas.
What does the change mean? The longer-duration visas will allow Chinese visitors to avoid having to apply for Israeli visas upon each entry.
Background: The bilateral agreement was signed in March during a joint meeting to promote innovation and cooperation between the two countries. While the agreement is reciprocal, China has not announced an implementation date for the longer-validity visas for Israeli nationals. Israeli consulates in China will issue visa durations according to the foreign national’s invitation letter or other documents, whether three months, one year or 10 years.
BAL Analysis: When fully implemented, the agreement will make it easier for frequent travelers to make business trips between China and Israel.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
When traveling to Israel, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you must obtain work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Israel, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Nationals of Australia, Canada, the United States, and other select countries are eligible for a visa waiver. However, visa-waivered nationals are required to obtain an ETA-IL (Electronic Travel Authorization-Israel) prior to entering and conducting business activities in Israel.
Foreign nationals who are not eligible to enter Israel on visa-waivered status must obtain a B-2 Visitor Visa from an Israeli Consulate or Embassy prior to travel. Please obtain an individual assessment before traveling to determine your eligibility for a visa waiver.
The activities below, whether paid or unpaid, generally constitute work under Israeli law. This list is not exhaustive, and many other professional activities are considered work in Israel, even if conducted for a short duration.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on the industry in which the entity in Israel operates. The most common types of work authorization for Israel are:
Israel does not offer work authorization exemptions.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? Workers at the Ministry of Interior office in Tel Aviv have gone on strike for the second time this week. The duration of the strike is not yet known.
What does the change mean? Immigration services will be unavailable at the Tel Aviv office during the strike. Employers should expect delays in processing.
Background: The Ministry of Interior office in Tel Aviv is the agency’s largest. Workers went on strike Wednesday for the second time this week under a directive issued by a labor union representing government workers. All services have been suspended and processing delays should be expected. Employers are also reminded that Ministry of Interior offices will be closed for much of October as Israel celebrates the Jewish holidays of Rosh Hashanah (New Year), Yom Kippur and Sukkot.
BAL Analysis: Those with urgent requests should contact their BAL team.
This alert has been provided by the BAL Global Practice group and our network provider located in Israel. For additional information, please contact your BAL professional.
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What is the change? Israeli government offices will be closed for almost all of October as the country celebrates the Jewish holidays of Rosh Hashanah (New Year), Yom Kippur and Sukkot.
What does the change mean? Applicants should expect delays during October and early November.
Background: Offices will be closed for nearly the entire month of October for Rosh Hashanah (New Year), Yom Kippur and Sukkot. The Ministry of Interior will only be open the following days: Oct. 5-6, 9-10, 13, 25-27 and 30-31. The Work Permit Unit will only be open to the public for three days (Oct. 10, 25 and 31) for submission of work permit applications or receipt of approvals. Israeli consular posts abroad will also suspend operations or operate on significantly reduced schedules.
BAL Analysis: Employers should anticipate delays and submit applications before the holidays if possible. Overseas applicants should contact the relevant Israeli consulate for individual holiday schedules.
About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP